Aesthetics Off the Pedestal: Massachusetts Supreme Judicial Court Upholds Aesthetics as Basis for Exercise of the Police Power

February 1976
Citation:
6
ELR 10036
Issue
2

Beauty can indeed by viewed by the eyes of the law, the Massachusetts Supreme Judicial Court has concluded, rejecting a statutory and constitutional challenge to a town by-law prohibiting off-premise advertising signs in residential, industrial or business zones.1 The court held that a police power regulation does not violate due process simply because it is based solely on aesthetic considerations, and that municipalities may enact reasonable billboard regulations in order to preserve or enhance their urban environment. The ruling in John Donnelly & Sons, Inc. v. Outdoor Advertising Board adds Massachusetts to the growing ranks of states which have now progressed beyond Justice Pound's famous statement:

Beauty may not be queen but she is not an outcast beyond the pale of protection or respect. She may at least shelter herself under the wing of safety, morality or decency.2

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